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If you or a loved one are a victim of delayed cancer diagnosis, you may be able to file a Maryland medical malpractice lawsuit.
Delayed diagnosis or misdiagnosis represent a failure to perform up to accepted medical standards. Failing to diagnose cancer in the early stages puts lives at risk, as the disease is more likely to spread, making it harder to treat. The treatment options that remain are riskier, more invasive and often less effective. These treatments may be more likely to cause severe, long-lasting side effects.
In this comprehensive blog, our experienced Maryland medical malpractice lawyers explain what you need to know about delayed cancer diagnosis malpractice.
Free legal consultation with no upfront fees. Call: 410-401-9979.
Delayed diagnosis means there is an unnecessary delay between when a patient first presents with clear symptoms or signs of cancer and when doctors make an accurate diagnosis. This delay is typically longer than what would be considered reasonable or standard in medical practice for identifying the specific type of cancer involved. This is why delayed diagnosis could be the basis for a medical malpractice lawsuit.
A delayed diagnosis does not necessarily mean a complete failure to diagnose. It can include cases where:
The definition of a delay may be different for different types of cancer. For example, a delay could be a much shorter time for a more aggressive form of cancer. Meanwhile, a delay could be a longer period for a slower-growing cancer.
It is important to note that not all delays in diagnosis are due to medical negligence or error. Sometimes, the nature of the disease itself can make timely diagnosis challenging. That is why patients who think their delayed diagnosis was due to malpractice should contact an experienced lawyer.
Research has consistently shown that early diagnosis results in faster treatment and higher survival rates. This is because cancer is often easier to treat in its initial stages, especially before it spreads to other body parts.
The American Cancer Society has found that the five-year survival rates for these common forms of cancer are much higher if the disease is diagnosed when it is localized to the part of the body where it started:
Treatment is often much easier when the cancer is localized to one part of the body. In this situation, doctors may be able to do surgery to simply cut out the entire tumor. Chemotherapy and radiation can also be much more effective on early-stage cancers.
Delayed cancer diagnosis or misdiagnosis can have serious consequences, as the disease can progress to an advanced stage and leave doctors with fewer, less-effective treatment options.
These are some of the types of cancer where delayed diagnosis may be more likely, along with some of the reasons why:
Breast cancer misdiagnosis/delayed diagnosis is often caused by:
Lung cancer can be misdiagnosed because:
Delayed diagnosis of prostate cancer is often caused by:
Ovarian cancer is often misdiagnosed due to:
Colorectal cancer delayed diagnosis can result from:
Melanoma misdiagnosis may occur due to:
Pancreatic cancer delayed diagnosis is common because:
Doctors may be delayed in their diagnosis because:
Doctors may struggle to make an accurate diagnosis because of:
Bladder cancer may be misdiagnosed due to:
If doctors delayed their diagnosis of any of these 10 forms of cancer, or another form not listed, and you have been severely injured or a loved one died, our law firm may be able to help you. Contact us to set up a free legal consultation and discuss a potential Maryland delayed diagnosis lawsuit. We can help you better understand your potential options and whether there may be a valid case.
Sometimes doctors make the wrong diagnosis, or they say you have a clean bill of health when that might not be true.
At times like these, patients should consider seeking a second opinion, especially if they experience persistent or worsening symptoms that their initial doctor has not diagnosed as cancer. You want to make sure it is not cancer, but if it is, you want to get it treated right away.
Some symptoms that may warrant a second opinion include:
If your doctor cannot give you a clear diagnosis, you may want a second opinion to prevent a delayed diagnosis or misdiagnosis.
There are many specific reasons why doctors may make a delayed diagnosis of cancer. However, it often boils down to one of two things:
These forms of medical negligence occur for a variety of reasons. For example, doctors may have failed to take a complete and accurate medical history. Doctors may have failed to document genetic information, such as a family history of a certain form of cancer.
Other reasons misdiagnosis may occur include:
Delayed diagnosis of your or your loved one’s cancer may qualify as medical malpractice if your lawyer can prove all the elements of this legal theory, including:
Medical malpractice hinges on whether the healthcare provider met the accepted standard of care. Your doctor’s actions are compared to what other medical providers with similar training and experience would have done in a similar situation. In cancer diagnosis, this often involves:
To qualify as medical malpractice, the missed diagnosis must show a breach of the standard of care. Examples include:
It must be proven that the breach in care directly led to harm. For example, your lawyer could provide evidence that the delay led to:
Your lawyer will likely need to contend with claims from the defendant that something else caused harm, such as the failure of the patient to seek treatment or report symptoms.
Your lawyer must provide proof of actual damages, such as physical, emotional, and financial harm resulting from the delayed or missed diagnosis. In a medical malpractice case, your lawyer assigns a value to these damages and pursue compensation for the damages.
There are many types of evidence that may prove a cancer misdiagnosis case, including:
The experienced attorneys at The Law Offices of Peter T. Nicholl have helped many malpractice victims secure compensation. We have detailed knowledge of the types of evidence needed to build a strong case.
Medical malpractice cases usually start with an initial consultation with a lawyer who is experienced in these types of cases. The goal of the consultation is to determine if the patient may have a case and determine the next steps.
If there is a case and the victim hires the lawyer, the lawyer can begin building a case. This involves reviewing your medical records, gathering other evidence and working with medical experts.
Once your lawyer files a lawsuit, Maryland law requires him or her to submit a certificate of a qualified expert within 90 days.
Before the case can proceed to trial, the case must be arbitrated. If arbitration is unsuccessful, or one party appeals the arbitration panel’s decision, the case can proceed to court. After discovery, the trial begins, and evidence can be presented.
Victims of delayed diagnosis may be able to seek compensation for economic and non-economic damages, wrongful death damages if the victim died, and possibly punitive damages. The purpose of medical malpractice compensation is to help victims recover for the harm they have suffered due to the delayed diagnosis, which can often result in worsening health, risker and more dangerous treatments, or even a reduced chance of survival.
Economic damages cover the financial costs associated with the delayed diagnosis. These typically include:
Non-economic damages compensate victims for the intangible impact of a delayed cancer diagnosis. These damages include:
Delayed cancer diagnosis puts lives at risk, and sometimes it results in the patient’s death. If this happens, the patient’s family may be eligible to seek compensation for the damages they have suffered. This may include the cost of funeral or burial expenses, lost companionship, lost income or benefits, and more.
Maryland gives medical malpractice victims five years from the date of their injury or three years from the discovery of the injury, whichever comes first. This may sound like a long time, however, time can move quickly. It takes time to build a case, and you want to give your lawyer as much time as possible.
Our licensed attorneys can determine how much time you have to file a lawsuit.
The defendant may say you did not seek treatment quickly enough or you did not do everything your doctor asked, as far as seeking additional treatment or testing. Your lawyer can counter this defense with your medical records by showing what you told your doctor and the treatment you underwent. The goal is to show that you did your part to get treatment.
It is important to be detailed when discussing symptoms of an illness with your doctor, this includes providing relevant family history of an illness. If you omit details and you are misdiagnosed, it may be harder to prove your case.
You need experienced legal help to prove these cases. The attorneys at The Law Offices of Peter T. Nicholl have been advocating for medical malpractice victims for decades. We have recovered millions on their behalf. There are also no upfront fees with our services.
Schedule your free legal consultation: 410-401-9979.
Maryland
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Baltimore, MD 21201
Virginia
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